Recent comments in /f/nyc

WickhamAkimbo t1_jcb2ino wrote

Yes, I'm confident in the links I posted. I posted links to data across the entire city of 8 million+ and you posted a link to a study with a sample size of 713.

> Also, it's not exactly hard to look at a crime heat map of NYC and see how it almost directly maps onto the income level of the residents in a given neighborhood. The only exceptions are places like Midtown that have tons of people in them, but very few actual residents so the crime rates get skewed.

And now you're trying to conduct an experiment on the fly with some hand-wavy methodology and random speculation.

Address the data: why does the group with the highest poverty rate in the city have the lowest crime rate? How does that work if poverty is overwhelmingly the strongest predictor of criminality? Does it perhaps suggest that other factors are at play?

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williamwchuang t1_jcb2hqv wrote

It's clear that the crime here doesn't meet the requirements of the law. We aren't supposed to bend the law because we hate the defendants. That's why there's a saying that tough cases make bad law: we twist the law to fit a certain situation then that ends up with bad consequences down the road.

The torture law requires:

the defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victim's death. As used in this subparagraph, "torture" means the intentional and depraved infliction of extreme physical pain; "depraved" means the defendant relished the infliction of extreme physical pain upon the victim evidencing debasement or perversion or that the defendant evidenced a sense of pleasure in the infliction of extreme physical pain;

In the context of murder, everything leading up to the death is going to be horrible. The law says that it has to be "especially cruel and wanton manner" and it has to be intended to inflict and actually inflict torture. The other ways to get convicted of first degree murder are pretty extreme and rare:

  1. Knowingly and intentionally killing an on-duty cop, firefighter, EMS, corrections officer, etc.;
  2. Killing a witness to silence them;
  3. Killing a judge out of vengeance;
  4. being a serial killer;
  5. Killing anyone while you're already in prison serving a life term;
  6. murder for hire;
  7. a killing while conducting a rape, robbery, or burglary.
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Brolic_Broccoli t1_jcb27lp wrote

Attorney practicing criminal law: Non-bail eligible offenses, meaning the prosecutor can't ask for bail and the judge can't legally set bail for the following offenses, which is a non-exhaustive list:

Public Lewdness

Stalking

Criminal contempt 2nd degree (violating an order of protection)

Assault 3rd degree

Child endangerment

DWI non felony (no prior DWI Convictions)

Forcible Touching

Petit Larcenies

Unlawful imprisonment

Menacing 2nd degree

CPW 4th degree

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matzoh_ball t1_jcb16cv wrote

>OCA admits to being unable to track recidivists in terms of rearrest. In their data set, if a defendant is rearrested 1x it counts as 1 arrest. BUT, importantly, if a defendant is rearrested 100x, it still only counts as 1 arrest. It is impossible for this dataset to paint an actual picture of recidivists who commit multiple crimes as it only counts them as 1 rearrest.

That's the *public* OCA dataset. OCA does have data on *all* re-arrests. But yes, their study doesn't address whether the *number* of re-arrests per person increased; nevertheless, it shows that a lot of critics have completely overblown the negative impacts of bail reform.

>Further, this report focuses only on 1 particular period - that is pre trial to disposition.

Not sure what you mean by that but they didn't only look at pretrial re-arrest, they looked at 2-year re-arrest rates, i.e, beyond the pretrial period in almost all cases.

​

>In my experience, the speedy trial discovery reforms lead to at least 60% of cases being thrown out due to failure to "certify" that all discovery "relating to the case" has been turned over to the defense. The rate of rearrest for those individuals who have had their cases tossed pre disposition because of speedy trial dismissals has not been accounted.

I assume by "thrown out" you mean dismissed? If so, then those cases are included in the results. All prosecuted cases are included, whether they were dismissed or not.

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elizabeth-cooper t1_jcb109a wrote

In a national study, being arrested and immediately let out and being arrested and kept in jail for less than six months were basically equal in terms of employment rates because it wasn't employed people who were getting arrested in the first place. There are no NYC stats about the percentage of people arrested who lost their jobs before bail reform was implemented.

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WickhamAkimbo t1_jcb0ixi wrote

Yes, it contributes. How about we list the other factors that contribute? The quality of home life is a vastly stronger predictor of someone growing up to commit crime than poverty. Growing up in a divorced/unmarried household is also a contributing factor. Witnessing adults using violence as a child is an incredibly strong predictor. These are major factors that seem to just get swept under the rug and are strongly tied to culture.

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matzoh_ball t1_jcb00ha wrote

They're not lumped together though. For bail ineligible people (i.e., people where judges could no longer set bail due to bail reform), overall re-arrest rates (regardless of charge) and felony re-arrest rates went down, while violent felony re-arrest rates and firearm re-arrest rates didn't change (see p.13 of the report).

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ManhattanRailfan t1_jcaziz9 wrote

Are you sure about that?

Also, it's not exactly hard to look at a crime heat map of NYC and see how it almost directly maps onto the income level of the residents in a given neighborhood. The only exceptions are places like Midtown that have tons of people in them, but very few actual residents so the crime rates get skewed.

Also, there's a reason why I specifically said economic insecurity rather than poverty. Those two things aren't precisely the same thing.

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WickhamAkimbo t1_jcayseq wrote

>Non-white collar crime is almost directly correlated to economic insecurity.

The group in NYC with the highest poverty rate has the lowest crime rate. Poverty has a correlation with crime, but it isn't anywhere close to the strength you are implying.

There are far larger and more important factors at play here. Your attempts to sweep them under the rug will only make matters worse.

EDIT: Downvote away folks, your view of the world is a joke. A victim mentality will fuck you far harder than your fellow man ever could. Good luck to those of you that are hoping playing the victim will somehow magically unfuck your life.

−4

d4ng3rz0n3 t1_jcay1vb wrote

Very anecdotally, I saw a man stab his wife in the street in broad daylight in Midtown East. I and others chased him until the police arrived and arrested him. He was released the same day and arrested for petty theft the day afterwards. Unsure if he was released again at that point, but his trial was like 2.5 years later. He was on his 3rd strike (shocker) so ended up pleaing to about 4-5 years.

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TheJoseph97 t1_jcaxjzl wrote

Real question though, did that 9 year old shot outside the bodega in the Bronx, was that because the gunman was so damn poor he’s just tryna put food on his table?

Or was that other little girl who got shot in Brownsville, that was done so the shooter can afford toiletries for his family right

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Brolic_Broccoli t1_jcaxigp wrote

Attorney practicing criminal law and familiar with NY's OCA's "Office of Court Administration" data reporting.

This report acknowledges pulling all of their data from NY's OCA. My critique is as follows:

OCA admits to being unable to track recidivists in terms of rearrest. In their data set, if a defendant is rearrested 1x it counts as 1 arrest. BUT, importantly, if a defendant is rearrested 100x, it still only counts as 1 arrest. It is impossible for this dataset to paint an actual picture of recidivists who commit multiple crimes as it only counts them as 1 rearrest.

Overall, it paints an incomplete and misleading picture of bail reform, which cannot be divorced from the incomplete data provided by OCA.

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